A buy-back contract is a document used when a company wishes to enter into an agreement with the owners of the business on how to sell or transfer its interest in the business, called “ownership entities.” These documents govern what happens in different situations, even if an owner wants to voluntarily sell his property of the business during his lifetime. The business can be of different forms – a company, LLC, partnership, etc. – the same types of questions will be asked. There are a number of ways to protect this business, regardless of the type of business. This document can be used when a company wishes to enter into, through its owners, a formal written agreement on how and whether owners can sell their ownership shares. This document will probably be stored by both the company itself and the individual owners, in order to each have a record of what has been agreed. Each company is unique in structure. A deal with several co-founders would have a more complicated buyout contract. While an individual business is often easier to design and execute. This list is intended to give you a general overview of the clauses and scenarios that should be considered in most sales contracts. These agreements are often compared to marital agreements for companies.
They determine what happens to the ownership of the business if one of the owners (or owners) experiences life changes that could affect the continuity of the business itself. Life changes can range from divorce or bankruptcy to death. The purchase-sale contract protects the remaining business and owners from any impact on an owner`s privacy that may influence the business. The repurchase agreement defines the types of events that trigger the contract. Each agreement is developed to best meet the needs of each company. It may contain specifications on who can buy shares and what type of life situation would trigger a buyout. It could also indicate how the purchase is financed. If you do not have a repurchase agreement in any of the above circumstances, your company could be subject to a partition per sale.
This means that a court can order the dismantling and sale of business items to ensure the financial value to which a new owner is entitled. On the other hand, a court could decide to grant ownership to a new person in one of the above circumstances, which would give that new person the same decision-making capacity as the existing partners.